How to make a prior art request for a granted patent or patent application?

Question

According to Google Patents, someone has filled a patent application for the US an WO and it may be granted in the medium term. I am from Chile and have evidence for prior art that destroys novelty, in particular I have applied to a business incubator describing the idea in detail and was selected for developling my idea with the incubator before the patent application was published. How do I object to either of them?

I have found many questions regarding prior art requets but they seem to be too specific to the particular patent subject, so there seem to be no proper question for the general issue. It would be great to know the procedures, format and places where the request should be made.

Answer 1

From the USPTO site -

35 U.S.C.122(e) provides a mechanism for third parties to submit patents, published patent applications, or other printed publications of potential relevance to the examination of a patent application with a concise description of the asserted relevance of each document submitted.Under 35 U.S.C.122(e), such submissions must be made (1) before the later of (i) 6 months after the date the application is first published by the Office,or (ii) the date of a first Office action on the merits rejecting any claim, and (2) before the date a notice of allowance is given or mailed.

It can be done anomalously. More info is at https://www.uspto.gov/sites/default/files/QSG_Third_Party_Preissuance.pdf

If the time has passed for this type of submission but counterpart applications are pending in other countries, they may have a third party observation period that is still open. If you submit to one of those the information will be forwarded to the applicant and they will be obligated, if the information is relevant, to submit it to the USPTO themselves.

Answer 2

You can submit third party observations in respect of an international application, i.e. PCT, until month 28 from the priority date of the application. Filing the observations has no cost, they can be anonymous, and you do not require a patent attorney. In the link I provide you have a guide explaining the procedure.

In the US there is also the possibility of submitting prior art in respect of a US patent application, but there are some requirements that I am not familiar with. The applicant is obliged to file with the USPTO any prior art evidence known to him/her, so if you file third party observations in the PCT and the observations are forwarded to the applicant, if the prior art is really relevant for the patentability of the invention, then the applicant will have to provide the USPTO with that prior art.